Welcome to the UK Defence Club's Sound Waves podcast series, bringing you the most important issues and insights in the maritime industry, in audio.
On 14th July, 2021, the European Commission adopted a series of legislative proposals aimed at reducing greenhouse gas emissions, known as the “Fit for 55” package. The package marks a key step towards the EU’s aim to reduce greenhouse gas emissions by at least 55% by 2030 as compared to 1990 levels, and then to carbon neutrality by 2050. The proposals include, most notably for the maritime industry, measures to promote the use of alternative fuels and key amendments to the EU’s Emission Trading Scheme (“EU ETS”).
Although charterparty disputes may be less common in the LNG trade than in other trades, when they do arise, they can be complicated and costly. In this publication, we take a look at three of the main areas where we have seen a trend for claims (underperformance, breakdowns and terminal compatibility) and offer guidance to Members in terms of preventing and handling such disputes.
Among the many serious knock-on effects of the Covid-19 pandemic, the impact on crew has been a topic of particular concern within the shipping industry. Many ports have imposed restrictions or prohibitions on crew changes, leading to delays whilst joining crew are quarantined, or a need to deviate ships from their intended port rotation in order to effect essential crew changes. Aside from the clear humanitarian issues posed by this crisis, parties also need to consider the contractual impacts that may arise.
The EU has introduced new restrictive measures against Belarus in response to the repression of demonstrators disputing the re-election of Lukashenko and the forced diversion and landing in Minsk of a Ryanair flight carrying the journalist, Roman Protasevich, in May, 2021. This update follows our previous post on Belarus, in April, when OFAC announced sanctions on certain Belarusian entities, especially involving the oil industry. OFAC issued three new general licences, in order to supplement the existing authorisations for COVID-19-related transactions and activities involving Syria, Venezuela and Iran. Podcast by Efcharis Rocanas.
Changes to the rules governing the preparation of witness statements in English and Welsh civil court proceedings are now in place. The new rules, which are underpinned by principles of transparency and honesty, are likely to be of relevance from the very outset of any dispute. We therefore set out below the key points which may impact Members. Podcast by Chloe Townley.
The 76th session of the IMO’s Marine Environment Protection Committee (MEPC 76) convened remotely from 10th to 17th June, 2021. The Committee, which addresses environmental issues under IMO's remit, discussed and implemented a number of key measures in furtherance of the IMO’s environmental goals. Here, we take a quick look at some of the highlights and their impact on Members. Podcast by Philippa Langton.
Welcome clarity on an owner’s unfettered entitlement to freight has been received in a judgment handed down recently by the Commercial Court. The decision overturned a finding in London arbitration and will be welcome news to owners seeking security for their claims. Podcast by Oliver Goosens
Two recent Commercial Court judgments have considered the implication of contractual terms, with notably differing outcomes. The question of whether or not a term can be implied into a contract often gives rise to dispute, so we welcome this opportunity to consider the principles relating to implied terms in the context of these two recent examples. Podcast by Philippa Langton.
The recent Commercial Court decision in Navision Shipping A/S v. Precious Pearls Ltd and Conti Lines Shipping NV v. Navision Shipping A/S (m.v. Mookda Naree)  EWHC 558 (Comm) tackles issues relating to off-hire during a period of arrest. The judgment demonstrates how a minor difference in the wording of an arrest clause can have a significant impact on the hire position. Podcast by Laura Star.
The London Maritime Arbitrators Association (“LMAA”) has recently updated its terms of procedure. The new terms came into effect on 1st May, 2021 and apply to arbitrations started on or after that date.